laurel

Hi Berta, thanx for response! Here goes the bullet points to our conversation. In regard to cllaim file it was filed undered lung cancer, three months after learning he had the disease. It was never rated, he died three months later 1/2006. Claim pending @ time of death.I received the denial and went to R.O. and was told lung cancer was not one of the presumptives. I was over whelmed by thiis and the fact that even service men carrying the barrels od A.O. were not getting compensated. Even to the point of Mrs. B. you might as well get married again because this is going to take a very long time. My response was how "I'm still in love with my husband" and his body was riddled w/cancer @ 54 something happen. I went bed listening to war stories....drinking well water, hospital bombing, doing sutures and going to pickup dead bodies. He was a medic stationed in Thailand. I don't even know if personnel file was found due the fire. My husband was not treated @ V.A. hospital (happen fast,he proably carry this for some time) too far for me & children to visit, walked in the door w/stage 4,it was fast and serious. My confusion with my claim now at rating level is wouldn't death be a 100%. Now I can only assume it means something more than that. Here is the point...I'm getting a education in something I did not buy..thanx for your help. Back to the events that ensued, in 2007 of sept. I went back to R.O. due struggling w/finances and raising kids and open a DIC claim and was denied...not service connected. Then in 2009, filed an appeal. Time lapses because w/backlog it takes them forever to get back to you. Right now I'm questioning when I received the first denial letter if the 1yr.rule comes into question. At any rate I didn't receive a widows low income pension untill my youngest turn 16 and I was no longer able to receive social security, that occurred in 1/2011. In 2009 the SVR filed the appeal under Nehmer and told me I would considered such due the line of work ...Air Force medic. My claim is @AMC being rated, I guess for DIC , don't know the date they are going to use asof yet. Not sure what it means....called and neither does anyone else. All I know is I ve been told that once it became a pressumptive, because he died before it was adjudicated, it would be paid from time of dearh. Now I'm hearing one year rule, lost or burn files, no way to know boots on ground. Even though I found two buddies and a current V.A. doc now working in Houston to substaniate it. The reply refer is (0141 A1) the docket no. 10-20 084. Berta I was heart broken over this win lose. I was depending on everything I was ever told about retro and still sitting here with fingers crossed. Thank you again and I'm truly sorry for your loss as well, but know this ....your husband would be so so proud of you! I've been reading your responses for years

I'm confused, my husband file 11/2005 died 1/2006 lung cancer. Bva approved recently, but denied accrued benefits because when I received letter of denial I thought that was the end of the claim. I was told lung cancer was not a illness that was not observed by V.A. Later in sept. 2007 I needed help and returned for some assistance and open dic claim. At that time I was told if lung cancer became one of the illnesses added it would be considered a Nehmer claim. In 2010 it became observered and I had an appeal filed since 2009. Since the bva decision I confused as to retro date, I was told initially it would be taken back to 2005 date. Now they are telling me I had 1 yr.from the time of death or denial..not sure, but I was raising children and my husband was dead @ 54 yrs. old. Even still I was told once sc was established it would go back to the time of claim. Now the bit of confusion I got in touch w/Nehmer people and was told its not a nehmer case. This was Vietnam, he was a medic, service buddies substaniated stops and duties, they were station in thailand. I thought if a claim was filed before 2010 it was considered a Nehmer. Now the claim is at AMC and waiting to be rated....death doesn't automatically denote 100%. I don't understand what's happening. The children granted chapter 35, I in foreclosure and this is a hardship, we have waited 9yrs now what? Can Berta reply if at all possible I'm a fan whose been reading her answers for a very longtime. Just got the courage to join and tired of trying to figure it all out.